Terms and Conditions of Use

 

General

GIZ and Luvent Consulting GmbH operate a website under the main domain www.scipafrica-.com that primarily serves the purpose of promoting the Smart Cities Innovation Programme. Furthermore, www.scipafrica.com refers to that website which can be accessed by entering this or another transferring URL. All users are urged to read the following terms of use carefully. The consent of the user with the terms of use and other legal texts listed below is an absolute requirement for the use of the website www.scipafrica.com. The use of this website implies that the user accepts the terms of use and all other legal texts. In the event that the user does not accept the terms of use, further use of the website www.scipafrica.com is prohibited. A violation of all or some of the provisions of the below terms of use and other legal texts leads to the immediate, automatic termination of the authorization to use the website. In the event of such violations, GIZ and Luvent Consulting GmbH reserve the rights to any and all claims (e.g. claims arising from warranty and/or from compensation for damages) against the relevant user(s).

Copyright

The use of the website www.scipafrica.com is exclusively permitted for informational purposes of both a private and a professional nature. All contents on the website www.scipafrica.com are protected by copyright. Any type of reproduction, distribution, rental, lending, publication, or other use of any type at all requires the explicit written permission of GIZ and Luvent Consulting GmbH and is explicitly forbidden without such permission. An exception obtains when a specific provision explicitly establishes something to the contrary. Violations of this provision may in particular result in trademark, copyright and competition law consequences. GIZ and Luvent Consulting GmbH expressly reserves themselves all copyrights and the usage rights arising therefrom (rights to use work and permission to use work) on the contents offered on the website www.scipafrica.com. All users are urged to read the copyright statement.

Data protection

Receiving programme applications places great importance on the careful handling of personal data. For this reason, the privacy policy of SCIP follows the principle of maintaining data confidentiality and emphasizes the protection of personal data in particular. All users are urged to read the provisions on data privacy protection.

Guarantee

GIZ and Luvent Consulting GmbH cannot guarantee that the website www.scipafrica.com can always and at all times be accessed. Technical errors and/or maintenance work as well as other causes (such as a re-launch of the website) can lead to the website being unavailable temporarily or over a longer period of time. GIZ and Luvent Consulting GmbH assume no responsibility for any specific availability or accessibility of the website www.scipafrica.com. GIZ and Luvent Consulting GmbH do not guarantee the accuracy, completeness, legality, objectivity and up-to-dateness of the contents offered on the website www.scipafrica.com. This is equally applicable to all products and services offered on the website. GIZ and Luvent Consulting GmbH may undertake changes, modifications as well as deletions of the website in its entirety and the contents presented on it at any time and without prior notice.

Liability

GIZ, Luvent Consulting GmbH and the persons or companies related to SCIP shall not be liable for damages of any kind (e.g. lost profits, frustrated expenditures, damages due to loss of data, loss of earnings, claims based on enrichment law, legal advice or contract establishment costs). This disclaimer in particular applies to all damages caused by the use of the website, by temporary or permanent inability to use the website (downtime), by the limited availability of the website or the content presented thereon, by the erroneous presentation of content, by the presentation of third-party content or by the display of hyperlinks on www.scipafrica.com.

Should any damages to hardware and/or software or to other data arise from the use of the website www.scipafrica.com or their contents, GIZ and Luvent Consulting GmbH do not incur any liability whatsoever. The user acknowledges that the services offered by GIZ and Luvent Consulting GmbH are also offered along with the involvement of third-party network operators. The availability of services is therefore dependent on the technical provision of external network services. GIZ and Luvent Consulting GmbH assume no obligation to keep these services offered free from interruptions and able to be accessed at all times. The user is aware that GIZ and Luvent Consulting GmbH have no influence on the possibility of the internet access, the transmission speed and the availability and stability of network connections and access. GIZ and Luvent Consulting GmbH is entitled to interrupt the services for internal reasons such as maintenance services for a reasonable period.

There may be a temporary restriction of services, especially for reasons of force majeure, strikes, lockouts and orders by the authorities as well as due to technical changes to the systems of GIZ and Luvent Consulting GmbH or due to other measures which are necessary for a proper or improved operation (e.g. maintenance, repairs, etc.). The user can derive no claims from this, however, GIZ and Luvent Consulting GmbH will strive for rapid troubleshooting. The user is entitled to use the services of GIZ, Luvent Consulting GmbH, and SCIP on his own respective risk and expense and is obliged to only use appropriate technical devices, such as appropriate computers, modems, etc. The user is also obliged to use the services only in accordance with legal regulations and standards and to refrain from any improper use of the services. Where services are rendered free of charge, GIZ and Luvent Consulting GmbH reserve the right to provide these for a charge at any time after prior notice. Under no circumstance is there an entitlement to the provision of gratuitous services.

On the Internet portal, GIZ and Luvent Consulting GmbH also and in particular offer users services (such as information) that are conveyed, created or otherwise provided by third parties. GIZ and Luvent Consulting GmbH will undertake every effort to not infringe on any third-party rights, in particular, but not limited to copyright, exploitation, trademark or other usage rights through the operation of the Internet portal. However, GIZ and Luvent Consulting GmbH do not guarantee that the services used by users (such as information) are free from any third-party rights, specifically but not limited to copyrights, exploitation, trademark or other rights of use. Liability for damages possibly resulting therefrom shall be excluded. In the event that GIZ and Luvent Consulting GmbH offer free software downloads on the website, no liability whatsoever is assumed for their ability to function. More particularly, no liability is assumed for any (consequential) damages resulting from the use of the software (e.g. damage to the operating system).

This general exclusion of liability applies irrespective of the asserted claim basis for slight negligence as well as for gross negligence where entrepreneurs are concerned. Limitation of liability extends to both contractual and non-contractual claims.

Changes

GIZ and Luvent Consulting GmbH are entitled to change, adapt, or update these terms and all other legal texts at any time, in whatever form and without prior notice. The current version of these terms of use is binding. All users of the website www.scipafrica.com should consult these terms of use and the associated legal texts, in order to keep track of any modifications. All users of the website www.scipafrica.com expressly declare themselves in agreement that the currently valid version applies to users as soon as they visit the site again and do not object to the current version of the terms of use or other legal texts explicitly and in writing.

Hyperlinks

GIZ and Luvent Consulting GmbH assume no liability for linked websites and their contents. The information presented on hyperlinks on the website www.scipafrica.com is a free service provided by GIZ and Luvent Consulting GmbH. GIZ and Luvent Consulting GmbH have no influence on the design or modification of the linked sites and the content they offer. Should hyperlinks on www.scipafrica.com refer to third-party content, these do not constitute a rating of the linked content. GIZ and Luvent Consulting GmbH in particular assume no liability whatsoever for the accuracy, completeness, legality, objectivity and up-to-dateness of such content. The access to information that is reached via hyperlinks on www.scipafrica.com is the sole responsibility of the user. All users are urged to also read the terms on Linking and Framing. In the event that users notice that a link refers to legally problematic content, they are asked to inform GIZ and Luvent Consulting GmbH via email to info@scipafrica.com about the link in question, so that it may be removed as soon as possible where necessary.

Legal texts

All other legal texts on www.scipafrica.com that are referred to in these terms of use are an integral part of these terms of use and are subject to the conditions defined in their provisions whenever they do not contain more specific provisions. More specific provisions may exist e.g. in the case of paid content for use rights.

Jurisdiction / place of performance / applicable law

 

The competent court for Berlin (Germany) shall have exclusive jurisdiction for all disputes. Place of performance for all rights and obligations is the headquarter of Luvent Consulting GmbH. The substantive law of Germany under exclusion of the UN Sales Convention (CISG) and national conflict of law provisions shall apply exclusively.

Severability clause / miscellaneous

 

The invalidity or ineffectiveness of individual provisions of the terms of use shall not affect the validity of the remaining provisions; in this case, those agreements are deemed made which are legally effective and come closest to the original objective of GIZ and Luvent Consulting GmbH. Where written form is required, the transmission by fax or e-mail satisfies this requirement.

Copyright statement

Copyright on own content

All of the information displayed on the website www.scipafrica.com (e.g. text, graphics, videos, music etc.) is protected by trademarks and/or copyrights in favour of GIZ and Luvent Consulting GmbH. It is therefore not permitted to download, reproduce and distribute the website as a whole or in part. In particular, the rights of reproduction, distribution, renting, lending, provision and broadcast in any form whatsoever are owned exclusively by GIZ and Luvent Consulting GmbH or third parties. Violations of intellectual property rights will be pursued by legal action.

Copyright on third-party content

GIZ and Luvent Consulting GmbH operate services on the website www.scipafrica.com which entail the use of third-party content (e.g., text, graphics, videos, music, logos), such as the content of advertising partners and contents of cooperation partners. This content can be viewed by all users. Any other use of multimedia files and texts of whatever kind requires the prior explicit consent of the author or authorized user. The author or authorized user reserves all rights to the multimedia files and texts. GIZ and Luvent Consulting GmbH will inform the author or authorized user of copyright infringements where they become aware of these. In any event, GIZ and Luvent Consulting GmbH assume no liability whatsoever for copyright infringements of third parties. Each partner (e.g. advertising partner, cooperation partner) indemnifies GIZ and Luvent Consulting GmbH from all liabilities.

Linking & framing

 

Links from other websites to www.scipafrica.com

GIZ and Luvent Consulting GmbH allow (hyper-) links under the following conditions: they may not alter the contents of the website www.scipafrica.com in any way, the recognition of the origin of all content must be guaranteed in full, and www.luvent-consulting.com must be represented as linked websites in their entirety. The display of contents of the website www.scipafrica.com through the use of frames is only allowed with prior approval. The linking of websites to content that is offensive, objectionable, contradictory to good morals or otherwise controversial/illegal is also prohibited. The contents of the websites that link to the website www.scipafrica.com must fully comply with all applicable legislation (e.g. copyright law, advertising law, privacy law, criminal law). Above all, these websites must not represent their relationship to GIZ and Luvent Consulting GmbH in a falsified, incorrect or illegal manner. A collaboration with and/or support of GIZ, SCIP, and Luvent Consulting GmbH, of whatever kind may only be the case if GIZ, SCIP, and Luvent Consulting GmbH staff have agreed to it explicitly and in writing beforehand. In particular, the use of the corporate identity (e.g. logos) requires the prior approval. GIZ and Luvent Consulting GmbH reserve all rights in the case of illegal links.

In the linking to other websites, GIZ and Luvent Consulting GmbH attach the greatest importance on the fact that external content on the linked websites is not modified in any way, that the recognition of the origin of this third-party content remains intact and that the linked website is displayed in its entirety. When showing third-party content, a new browser window is opened in each case and no framing technique is used. GIZ and Luvent Consulting GmbH accept no responsibility whatsoever for the legality of the content of external websites which are linked to by GIZ and Luvent Consulting GmbH. In particular, GIZ and Luvent Consulting GmbH accept no responsibility for any subsequent alterations of their content. The inclusion of a third-party mediated or operated website in the internet portal operated by GIZ and Luvent Consulting GmbH does not constitute an endorsement or guarantee with regard to the services offered or contained therein, in particular, to possibly offered information, goods or services. Where GIZ and Luvent Consulting GmbH refer to websites that are not operated by GIZ and Luvent Consulting GmbH through links, this only constitutes an additional service for users, in order to allow them to have access to such websites. GIZ and Luvent Consulting GmbH, however, assume no responsibility and/or liability for the content of such websites in these cases.

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